The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council sharing information with the NHS. Any injustice caused is not significant enough to justify our involvement. The Information Commissioner’s Office is better placed to consider complaints about organisations’ information sharing practices and accuracy of data.
The complaint
Ms X complained the Council communicated inaccurate information to the hospital and an Occupational Therapist, leaving her at risk of having no care in place for her discharge. Ms X has experienced distress. She says the Council has not properly addressed her complaint and accused her of not engaging with the complaints process. She wants explanations and acknowledgement, staff training and records amending.
The Ombudsman’s role and powers
The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide: any injustice is not significant enough to justify our involvement, or there is another body better placed to consider the complaint.
(Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X complains the Council shared inaccurate information with NHS professionals while she was in hospital. The information related to the state of her mental health and her financial situation. She says this placed her at risk of not having the correct care organised for her discharge from hospital. However, risk is hypothetical, and she did not experience a significant injustice that would justify our involvement.
The Information Commissioner’s Office (ICO) is the body responsible for considering concerns about organisations’ information-handling and information-sharing practices. Therefore, it is open to Ms X to approach the ICO about her complaint the Council holds, and shared, inaccurate information. The ICO can also help Ms X access her support plan, which she says the Council has not provided to her.
Final decision
We will not investigate Ms X’s complaint because any injustice caused is not significant enough to justify our involvement.
Investigator's decision on behalf of the Ombudsman